Patna High Court
Rajesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court denied bail to the petitioner, finding the seriousness of the charge and the need for a speedy trial outweigh any grounds for release.
Summary
Petitioner Rajesh Yadav, charged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act for a fatal shooting, has been in custody for over three years. He filed a regular bail application, seeking correction of a typographical error, after two earlier bail pleas were rejected. The State opposed bail, noting the seriousness of the offence and that the petitioner faces six criminal cases, three of which he has been acquitted. The Court observed a direct allegation of firing causing death and, emphasizing the need for a speedy trial, declined to grant bail. Consequently, the bail application was rejected and the police were directed to produce remaining witnesses within six months.
Issues considered
- Whether bail should be granted to the petitioner charged with murder and offences under the Arms Act after prolonged pre‑trial detention.
- Whether a typographical error in a bail petition can be corrected on the same day of filing.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- Arms Act
- speedy trial
- typographical error
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17848 of 2026
Arising Out of PS. Case No.-625 Year-2022 Thana- GOPALPUR District- Bhagalpur
======================================================
Rajesh Yadav Son of Bhola Yadav Resident of village - Bhawanipur, P.S.-
Rangra, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Senior Advocate
Mr. Rahul Singh, Advocate
Mr. Mayank Raj, Adv.
Mr. Adarsh, Adv.
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 24-04-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. Learned senior counsel for the petitioner submits
that, due to an inadvertent mistake typographical error on the
part of the counsel who filed the case has taken place in bail
petition. Instead of mentioning the third regular bail application,
the first regular bail application has been inadvertently typed. As
such, he seeks permission to correct the same during the course
of the day.
3. Permission is granted to correct the same on the
same day.
4. The petitioner seeks regular bail in connection with
Patna High Court CR. MISC. No.17848 of 2026(3) dt.24-04-2026
2/3
Sessions Trial No. 512 of 2024, arising out of Gopalpur P.S.
Case No. 625 of 2022, lodged on 14.12.2022 under Sections 302
& 34 of the Indian Penal Code and under Section 27 of the
Arms Act, pending before the Court of 3 rd Additional Sessions
Judge, Naugachia, Bhagalpur.
5. Learned senior counsel for the petitioner submits
that the bail application of the petitioner has earlier been
rejected twice vide order dated 05.03.2024 passed in Cr. Misc.
No. 81819 of 2023 and vide order dated 09.05.2025 passed in
Cr. Misc. No. 10381 of 2025 with Cr. Misc. No. 11161 of 2025.
6. Senior counsel further submits that the petitioner
has been in custody since 25.12.2022, i.e., for about three years
and four months. Counsel further submits that three witnesses
have been declared hostile in this case, and one of the co-
accused has been granted bail by this Court vide order dated
09.02.2026 passed in Cr. Misc. No. 61208 of 2025. Counsel
further submits that on the previous occasion, a report regarding
the present stage of the trial was called for.
7. Learned A.P.P. for the State opposes the prayer for
bail and submits that the trial is going on and, as per the
pleadings, the petitioner has been in custody for only three years
and four months. Counsel further submits that there are six
Patna High Court CR. MISC. No.17848 of 2026(3) dt.24-04-2026
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criminal cases pending against the petitioner.
8. In response thereto, learned senior counsel for the
petitioner submits that out of six criminal cases, the petitioner
has already been acquitted in three cases.
9. After hearing the parties, it transpires to this Court
that there is a direct allegation against the petitioner of firing, as
a result of which death was caused.
10. As such, this Court is not inclined to grant bail to
the petitioner at this stage. Accordingly, the bail application of
the petitioner is hereby rejected.
11. Speedy trial is a constitutional vision of justice.
For this reason, the Superintendent of Police, Bhagalpur, is
directed to take necessary action by instructing the concerned
SHO/IO to ensure the production of the rest witnesses for
adducing evidence before the Trial Court in connection with
Sessions Trial No. 512 of 2024, arising out of Gopalpur P.S.
Case No. 625 of 2022 within six months.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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